New Jersey P.L.2020, c.108 (N.J.S.A. 45:22A-48.4): HOA Electric Vehicle Charger Law

Quick Answer

New Jersey P.L.2020, c.108 (A3367), codified at N.J.S.A. 45:22A-48.4, says an association of a planned real estate development "shall not adopt or enforce" a rule or governing-document provision "prohibiting or unreasonably restricting the installation or use of an electric vehicle charging station in a designated parking space." It was approved October 19, 2020 and took effect immediately. The key point for boards: an application is handled like an architectural request, and if it is not denied in writing within 60 days it is deemed approved, unless the delay comes from a reasonable request for more information.

At a Glance

What the Law Says

Subsection a. bars restrictions on charging stations in a "designated parking space," and declares conflicting deed covenants and governing-document provisions "void and unenforceable." The association may still impose "reasonable restrictions," defined as a restriction that "does not significantly increase the cost of an electric vehicle charging station or significantly decrease its efficiency or specified performance."

• Designated parking space: a space "specifically designated for use by a particular unit owner," including a garage, a deeded space, and a space in a limited common element restricted to one or more owners.
• Charging station: one designed in compliance with the State Uniform Construction Code and "capable of providing, at a minimum, Level 2 charging."
• Common element access: despite the governing documents, the board "shall grant exclusive or limited use" of common element space where the installation needs reasonable access for utility lines or meters.
• Health, safety and land use: the station must meet state and local standards, zoning and permits (subsection b.).
• Process, subsection c.: the application "shall be processed and approved by the association in the same manner as an application for approval of an architectural modification," not "willfully avoided or delayed." Approval or denial must be in writing. If not denied in writing within 60 days of receipt, it is deemed approved, "unless that delay is the result of a reasonable request for additional information."
• Electrical capacity: if cumulative EV electricity use requires additional infrastructure, the association "may hold an application for approval in abeyance until the upgrades are completed."

Subsection d. covers stations for an owner's exclusive use. Where approval is required, the association "shall approve" if the owner agrees in writing to:

• comply with the association's architectural standards;
• use a licensed electrician for lines and infrastructure;
• within 14 days of approval and before installation, obtain and keep insurance protecting the association and other owners, with evidence of coverage;
• pay for the electricity used; and
• pay reasonable review charges, "including, without limitation, reasonable engineering and legal fees," which the association may require be escrowed in advance.

Other terms in subsection d.:

• The association "may deny" an application if it "reasonably concludes that the electric vehicle charging station constitutes a life-safety risk."
• The association may specially assess the cost of added electrical infrastructure to owners who have installed, and have applied to install, stations, "in equal shares per electric vehicle charging station," and may require payment before installation.
• Money owed under the section is deemed a special assessment, collectible like delinquent common expenses.
• Owners, and each successor owner, bear the costs of damage, maintenance, repair, restoration after removal, electricity, installation, and permit-related costs (unless the governing documents abrogate those duties).
• The owner and each successor must disclose the station and the related responsibilities to prospective buyers.
• The owner must keep "homeowner's liability coverage policy in the amount of $100,000," naming the association as certificate holder with the right to a notice of cancellation. The association may require more if its documents require all owners to carry a greater amount, and may buy the coverage and charge the owner if the owner fails to. The owner must hold the association and other owners harmless for claims tied to the station.

Subsections e. through g. give the board tools: it may license a common-area parking space for a defined period to an owner for a charger (at its "sole discretion," but not "fraudulent, unconscionable, or self-dealing"), install common chargers for all owners and adopt rules for them, and create a new parking space for a charger, with the requesting owner bearing all costs.

What This Means in Practice

For boards

• Run charger requests through the same channel as other architectural applications and log the receipt date. The 60-day deemed-approval clock starts on "the date of receipt."
• A written denial inside 60 days is the only statutory way to avoid deemed approval, apart from the "additional information" exception. Our reading: send any information request promptly and in writing, and keep it specific, since the exception covers only a "reasonable" request.
• Rules about conduit, meter placement, signage or contractor requirements are tested against "reasonable restriction": they should not significantly raise cost or lower performance.
• Review fees and escrow are allowed, but only "reasonable" charges to recover review and approval costs.

For owners

The right in this statute attaches to a designated parking space you use exclusively. It is not a right to a charger in an unassigned common space; for that the board has a license power that is discretionary. Expect to carry the $100,000 liability coverage, pay for installation and electricity, and disclose the charger at resale.

What the law does not say

• It does not set a dollar cap on review fees or the special assessment.
• It does not say what happens after a deemed approval if the installation then fails the association's standards. Open question: our reading is that the owner's written agreement to comply with the architectural standards and the safety requirements still apply, but confirm with counsel.
• It does not name a private right of action. The stated enforcer is the Commissioner of Community Affairs.
• The text read here is the session law as enacted in 2020. We did not confirm whether later amendments to 45:22A-48.4 exist; check the current codified text.

Timeline

Related New Jersey Law

• N.J.S.A. 45:22A-43 et seq., the 1993 supplement that this act supplements, covering association organization and governance.
• N.J.S.A. 45:22A-48.2 (solar collectors) and 45:22A-48.1 (flags and troop-support signs), neighboring owner-rights sections in the same series.
• N.J.S.A. 45:22A-38, the enforcement authority of the Commissioner of Community Affairs.
• New Jersey HOA laws and regulations, our state overview.

Board Checklist

• Compare your architectural rules and governing documents with the "void and unenforceable" language in subsection a.
• Add EV charger applications to the architectural request process, with a date-stamped receipt.
• Calendar the 60-day mark for each application and send written approvals or denials before it.
• Prepare a standard owner agreement covering architectural standards, licensed electrician, insurance, electricity, review charges and resale disclosure.
• Decide, with counsel, how the board will document a life-safety denial and any electrical-capacity hold.
• Check whether the community's electrical service can handle several chargers before a special assessment for infrastructure is proposed.
• Decide whether to offer a license for common spaces or install shared chargers, and adopt rules for any shared units.

Frequently Asked Questions

Can a New Jersey HOA ban electric vehicle chargers?

Not in a designated parking space. The statute says an association "shall not adopt or enforce" a restriction "prohibiting or unreasonably restricting" installation or use there, and it voids conflicting governing-document provisions. Reasonable restrictions are allowed.

How long does the association have to respond?

If approval is required, the application is treated like an architectural modification request. If it is not denied in writing within 60 days of receipt, it is deemed approved, unless the delay results from a reasonable request for additional information.

Does the owner or the association pay?

The owner pays for installation, electricity, damage, maintenance and reasonable review costs, and each successive owner of the charger carries those responsibilities unless the governing documents say otherwise. The association may specially assess owners with chargers for needed electrical infrastructure, in equal shares per charger.

What insurance is required?

The owner must carry homeowner's liability coverage of $100,000 and name the association as certificate holder. The association may require a higher amount if its documents require all owners to carry more. Evidence of insurance is due within 14 days of approval and before installation.

Can the board refuse a charger for safety reasons?

Yes, if it "reasonably concludes" the station constitutes a life-safety risk.

Does the law cover owners without an assigned space?

The ban applies to a "designated parking space." For common-area spaces, the board may license a space for a defined time at its discretion, as long as the grant is not fraudulent, unconscionable or self-dealing.

Does it apply to condominiums and cooperatives?

The text covers an association of a planned real estate development, and "unit owner" includes cooperative shareholders. It does not apply to owners of commercial units.

Who enforces it?

The Commissioner of Community Affairs, under N.J.S.A. 45:22A-38. The act states no fine amount.

Where This Comes From

We read the enacted text and statement of P.L.2020, c.108 (A3367) on the New Jersey Legislature's session-law site, pub.njleg.gov. We did not re-read the current codified section or any later amendments.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed New Jersey attorney before acting.